It goes to the axiom: When the Law is against you, argue the facts. When the facts are against you, argue the Law. You can agree to participation in Arbitration, but implicit in that agreement is it will be conducted fairly by the Mediator. If the Mediator does something which is deemed as unfair, the grieved should have access to a plausible remedy. (even if it is bullshit).
Honestly, I just can't wait for the Defendant's transcript.
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